Chapter 10 Flashcards

Introduction to Tort Law (29 cards)

1
Q

What is the term for harm cuased by one person to another, other than through breach?

A

Tort

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2
Q

Can a Tort be defined as a CIvil Wrong?

A

Yes

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3
Q

Does Tort have to be against the physical person?

A

No. It can be done to property or reputation as well

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4
Q

Is Neglegent Misrepresentation a Tort?

A

Yes

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5
Q

What is the interference with propety called?

A

Defamation

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6
Q

Is Tort law meant for compensation or punnishment?

A

Compensation.

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7
Q

What are the three categories tort is broken into?

A

Tresspass to land
Deceit or Fraud
Negligence

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8
Q

Does tort impose liability based on fault or guilt?

A

Fault

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9
Q

What are the two main Torts?

A

Intentional and Negligent

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10
Q

A harmful act commited on purpose.

A

Intentional Tort

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11
Q

Are the Torts of Flase imprisonment and battery Intentional or Negligent?

A

Intentional

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12
Q

Unreasonable conduct, including a careless act or omission that causes harm to another.

A

Negilgent Tort

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13
Q

Punishes people who violate the Criminal Code. Crown has burden of proof.

A

Criminal Action

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14
Q

A liability that arises due to one’s own personal wrong

A

Primary Liability

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15
Q

A liability that arises due to the relationship someone has to the person who actually commits the tort.

A

Vicarious Liability

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16
Q

Person who commits a tort

17
Q

Two or more people whom a court holds jointly responsible for loss or injuries.

A

Joint tort-feasor

18
Q

A defenseused by a defendant when arguing that the plaintiff is at least partially responsible for the harm.

A

Contributory negligence (stupid plaintiff factor)

19
Q

Provides monetary compensation for work-related injuries or illnesses

A

Workers compenation legislation

20
Q

Is Workers compenation legislation a no fault tort? Can you launch a negligent lawsuit against an employer for it?

21
Q

Compensation for pain and suffering, loss of life enjoyment, loss of life expectancy, etc.

A

Non-pecuniary Damages (General Damages)

22
Q

Compensation for out of pocket expenses, loss of future income, cost of future care.

A

Pecuniary Damages

23
Q

Awards to the plaintiff to punish the defendant for malicious, oppressive, and high-handed conduct.

A

Punitive Damages

24
Q

Copensate Plintiff for intangible injuries.

A

Aggravated Damages.

25
What is the broadest category of tort law?
The tort of negligence
26
A careless act that caused harm to another
Negligence
27
The responsibility owed to avoid carelessness that causes harm to others.
Duty of Care
28
If the defendant should have anticipated the harm caused.
Reasonable Foreseeability
29